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Serving the students and the University community since 1893
Volume fa Issue jf
Wednesday, October 23, 1 931
Chapel Hill, North Carolina
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By KEN MINGIS
DTH Staff Writer
The UNC Student Health Advisory Board recom
mended Tuesday that Student Health Fees be increased
by $4 per semester beginning next fall, in order to meet
higher operating costs.
The board's vote was 7-0 to raise the fee from $134 to
$142 a year. Before it goes into effect, however, it must
first be approved by the UNC Board of Trustees.
"We can't waste any more time," said board member
Danny McKeithen, who made the motion for the in
crease. "We need to approve this motion, get it out of the way
and get on with looking for alternative ways of bringing
in revenues," he said.
Student Health Services Director Judith Cowan, who
prepared the revised budget, pointed out that this year's
costs would be about 10 percent more than last year. An
8 percent increase is expected next year, she said.
"The fee increase represents an increase of about 6
percent against a cost increase for us of 8 percent,"
McKeithen said there were areas in SHS in which costs
were not covered by the prices students are charged,
especially in-patient care.
"Costs are constantly being incurred for a small
number of students at a high rate," he said. "The
average stay for a student in the infirmary is three and a
"That represents the equivalent costs of two student
health fees, just for one student," McKeithen said.
Even today, student fees do not cover the SHS costs,
, "This year, we anticipate spending about $ 142 per stu
dent," she said, "and since we're only collecting $134,
there will be a small deficit."
There was some sentiment on the board that this in
crease be approved in an effort to gain time to look for
other ways of raising revenue.
"The only reason I support this now is that it gets this
out of the way so we can start looking to the future,"
said board member Wayne Rackof f .
"Nothing says that this (fee increase) can't be rescind
ed for second semester if we find other amenable sources
of revenue," he said.
One idea being looked into by the board is the practice
of double-billing, Cowan said.
. This occurs when a student is already covered by his
family's insurance plan, in addition to coverage provid
ed by the Student Health Service, Cowan said.
Billing the charges to a third party (the insurance com
pany) would be one way of collecting higher costs, she
In terms of actual figures, the 1982-1983 budget shows
projected expenditures of $3,637,364 and income of
$3,327,642. The $4 increase would help cover the result
ing deficit along with $159,722 taken from the previous
year's surplus funds.
Approval of the fee increase would mean a surplus of
$47,678, according to the budget proposal.
"When you're working with a total budget of $3.4
million, a $50,000 surplus is pretty tight," McKeithen
said. . -jf'---.'.,:;.. j
Actually, Cowan said, the budget proposal for 1983 is
seen aS more of a holding budget. She also said she
would rather raise fees than cut services. "That would be
a big mistake." " . ,
McKeithen pointed out that, like other universities,
UNC had to face higher operating costs. "We don't like
increasing costs, but the University is not immune to the
high cost of medical care," he said.
Fred Mueller, chairman of Student Health Advisory Bccrd .
.. board recommended a fee increase at Tuesday's meeting
Phi Gamma Delta loses
noise permit privileges
By GREG BATTEN
DTH Staff Writer
A UNC fraternity has had its noise per
mit privileges revoked for six months by
the Town of Chapel Hill.
Phi Gamma Delta became the first
holder of a permit to lose its privileges
since the noise ordinance was adopted by
the Town of Chapel Hill last spring.
The fraternity, located at 108 W. Came
ron Ave., lost permit privileges from Oct.
22, 1981, until April 22, 1982, said Capt.
Arnold Gold of the Chapel Hill Police
The revocation of permit privileges
came as a result of a morning mixer at the
fraternity house on Oct. 16, Gold said.
Gold said the fraternity had received
several cautions concerning previous or
"We sent them a letter notifying them
of the ordinance violations that had taken
place after the first complaints received,"
Gold said. "After continued complaints
we issued an official warning stating that
permit privileges would be revoked upon
the next violation."
Gold said the noise at the morning
mixer constituted a clear violation of the
noise ordinance, as amplified sound may
not exceed 60 decibels before 5 p.m. on
"We received a complaint at 8:18 a.m.
and warned the fraternity, and another
complaint at 10:50 a.m.," Gold said..
"We had no choice but to take action."
: UNC Student Body President Scott
Norberg said he thought the police had
been fair about the situation.
"In general, the ordinance has worked
out fairly well thus far," Norberg said.
"Although there are parts of the ordi
nance that I do not agree with, the police
department has cooperated extremely
well so far with the students."
Phi Gamma Delta President Buckley
Strandberg also said the police depart
ment had been fair in handling the situa
tion. "However, I do think there is a pro
blem with the noise ordinance," Strand
berg said. "I think the part dealing with
amplified sound needs to be reworded."
Strandberg said he checked the noise
level at one mixer without music playing
and the decibel level exceeded the noise
. ordinance limitations.
The ordinance permits amplified sound
up to 70 decibels without a permit and up
to 85 decibels with a permit.
Noise may go as high at 85 decibels
during certain hours if a permit to exceed
The hours are Thursday from
until 1 1 p.m., Friday from 5 p.m.
a.m., and Saturday from 10 a.m.
; Gold said that although four other fra
ternities had received letters concerning
violations, no other official warnings had
--'Overall,, problems., with noise .have .
been much better this year," Gold said.
"And I feel the new ordinance has had a
lot to do with that."
Gold also said he did not expect any
further problems from the Phi Gams, but
that further violations could result in a
charge to be settled in court.
Strandberg said the fraternity would
have to seek alternatives to outdoor
mixers, due to the permit suspension.
"There is no way we can beat
system." Strandberg said. "So we
going to move the parties downstairs and
close the windows."
AWACS lobbying works
The Associated Press
WASHINGTON President Ronald Reagan switched three
opponents and picked up five other votes from among the un-
committed Tuesday in a major gain for his fight to rescue an :
$8.5 billion Saudi arms sale from Senate defeat.
The gains put the president within six votes of a come-from-behind
victory for the sale of AWACS radar planes and F-15 jet
The. latest Associated Press count had 52 senators declared
against the sale, 46 were leaning in favor, and two undecided.
Switching in favor of the sale were Sen. Roger W. Jepsen,
R-Iowa, who had been a declared opponent, and Sens. Charles
E. Grassley, R-Iowa, and J. James Exon, D-Neb., both of
whom had been leaning against it.
Five senators who had been uncommitted came out in favor
of the sale Tuesday. They were: Bob Dole, R-Kan., Harrison
Schmitt, D-N.M., Walter D. Huddleston, D-Ky., David L.
Boren, D-Okla., and Frank H. Murkowski, R-Alaska.
At the White House, President Reagan lobbied senators indi-
jridually for the second day in a row Tuesday and his ...chief
spokesman said the president was very encburageoT by the day's
Describing the administration as being within a very few votes
of winning Senate approval, David R. Gergen said, "We
definitely can,win. The gap is closing. We're within a handful of
Gergen said the president was spending much of the day "in
what we call quiet persuasion," meeting separately with at least
nine senators in the study in his living quarters.
In addition, Reagan telephoned a handful of senators and
planned to continue his meetings today. " '
Despite his success with others, the president failed to sway at
least five opponents Sens. Paula Hawkins, R-Fla., Howell
Heflin, D-Ala., William Roth, D-Del., Wendell Ford, D-Ky.,
and David F. Durenberger, R-Minn. as he continued his one-on-one
lobby blitz at the White House.
KBIlSlt V t
Gergen said there was no chance he would withdraw the arms
package if it looked as if it would not be approved. "It will go to
a final vote tomorrow afternoon.".
; Reagan planned to send Senate Majority Leader Howard
Baker, R-Tenn., a letter today outlining. the arrangements be
tween Saudi Arabia and the United States for the sale, Gergen
said. The letter would not be classified, he added.
Gergen said the arguments Reagan was using in his talks with
senators were "along the lines that this sale is in the best interests
of peace and the national security of the United States."
Jepsen told reporters that large numbers of Iowans had been
, telling him to support Reagan's sale. "This senator has heard
their voice,". Jepsen said.
He said he also had been given classified information he
refused to divulge, which had lessened the concerns he had
about the sale.
Grassley said, "With" the tragic assassination of President
Sadat (of Egypt) and other destabilizing developments on the in
ternational scene, it is crucial that we sustain President Reagan's
stature in the world community of nations." ;
; vExon said, "At thisjtmctureno cnhtt3uiM.woidd be wise:X.
reluctantly support thelS?
Baker and his aides said they were confident of switching
enough votes to win the sale on a 50-50 tie and Dole said, "I
think the presMent's going to win this thing."
Opponents have to win a majority of senators present and
voting to block it.
The $8.5 billion arms package, biggest in U.S. history, in
. eludes five Airborne Warning and Control System radar planes
plus 1,177 Sidewinder missiles,' fuel pods and flying tankers to
extend the range and firepower of 62 Saudi F-15 jets.
The aclministration says the purpose of the arms is to help the
Saudis defend thek oU fields. ;
. ; But opponents say it will threaten Israel, feed a Middle East
arms race, and risk loss of the secret AWACS and Sidewinder
missile technology if the Saudi government is overthrown.
Candidates back strong town transit
By MICHELLE CHRISTENBURY
DTH Staff Writer
Candidates for Chapel Hill Town Council seats in next Tues
day's election expressed the necessity for mamtaining a strong
transportation system at a forum sponsored by UNC Student
, Incumbents Bill Thorpe and Joe Herzenberg, and challenger
Lightning Brown all said there was a need to work closely with
the federal government concerning budget cuts which would
negatively affect Chapel HiU's transportation system. .
"Chapel Hill receives $600,000 from Washington every year
to subsidize Chapel Hill Transit," Herzenberg said. "If there are
cutbacks, there will be a need to find more money from the local
Herzenberg said that if service had to be interrupted, midday .
service or Saturday service might be cut back, but rushhour ser
vice must be maintained.
Incumbent Bev Kawalec said that cutting back midday or Sat
urday service would not help much, since bus service is not heav
ily used at those times.
Brown said that the council should protest to Washington if
funds were cut significantly.
"One-third of our transit budget comes from Washington,"
Brown said. "Those policies (federal cutbacks) are damaging to
us. We should maintain service as it can be maintained."
Thorpe agreed with Brown.
"People are going to soon get tired of these cuts from Wash
ington," he said. "It will be necessary for the council to keep in
touch with our Congressmen, emphasizing how badly we need
our bus system."
All candidates stressed the need for a contingency plan in case
of federal cutbacks. All agreed that Chapel Hill taxes or bus
fares might have to be increased if large cutbacks become a reality-
But candidate Al Mebane said he was not sure about which
route to take.
"I can't honestly say which routes should be taken since I
haven't seen a study," Mebane said. "If and when federal funds
are significantly reduced, it will be a matter of the people in
Chapel Hill saying we will or will not pick up the cost."
Incumbent Marilyn Boulton said that if Chapel Hill was in
cluded in an urbanized area, more federal funds could be ob
tained. "Chapel Hill is in a non-urbanized area," Boulton said. "If
we were placed in Durham's urbanized area (as has been pro
posed), we could gain more federal money."
All candidates also expressed the importance of the bus sys-"
tern to Chapel Hill.
"The transit system in Chapel Hill used to be a give-or-take
system," David Pasquini said. "Now it's an absolute necessity
to the University and to the town." .
Doug Ruff said that without the transit system, Chapel Hill
would be burdened with an even higher cost in mamtaining the
additional vehicle traffic that would result. .
"With additional traffic, more money would have to be allo
cated to such things as building parking facilities and road main
tenance," Ruff said. "Besides, the bus service saves energy."
Pasquini said he was disenchanted with Chapel Hill govern
ment because of its indecisiveness in making policy. He referred
to the council's "flip-flopping" in making a decision at a
meeting Monday night concerning drive-in windows for busi
"Flip-flopping has negative connotations, but we are dealing
with difficult and controversial problems," Herzenberg said.
"The issue of drive-in windows is not a major policy,"
Mebane said. "The council spends too much time examining
issues like that. Does the council have to constantly change their
policy arbitrarily? They should have provisions to be able to
read it (the policy) in a town ordinance."
. Brown said the council should not have spent as much time
on the issue of drive-in windows when it did not have time to
hear a petition concerning arbitrary rent increases and evictions
of several tenants at Brookside Apartments, where he resides.
William Lindsay and Winston Broadfoot were absent from
The candidates are competing for four open council seat?.
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By ALAN CH APPLE
DTH Staff Writer
Early birds -J;,';
Junior Beth Melaragno beats Dean Smith to the front of the line waiting for Clemson block tickets Tuesday.
Melaragno arid 40 other students are taking two-hour shifts until Sunday when block seats for next Saturday's
football game can be reserved. The students idea to camp out early is their way of showing the flaws In UNC's
new distribution system. ; 1 '
iiestioiis alboiit capital pmAliiimeiiiil: laws
Despite the Supreme Court's denial to
review the death sentence appeal of convicted
murderer Velma Barfield last week, the case
has posed questions concerning North Caro
lina's capital punishment laws.
The high court refused to hear arguments
from Bar field's attorneys that the state's death
penalty system was flawed because jurors
never were told a convicted murderer would
receive a life prison term unless the jurors
voted unanimously for a death sentence.
Barfield, a 48-year-old Robeson County
woman, was convicted in December 1978 of
the poisoning death of her fiance, Stewart
Taylor,. 56, of Saint Pauls, N.C. earlier that
year. Her execution had been stayed three
times prior to the Supreme Court decision.
"We're certainly faced with an uphill battle
to overturn the death sentence," said Richard
Burr, an attorney for the Southern Prisoners
Defense Committee, representing Barfield. He
said he would continue to appeal the decision
until he found a sympathetic court.
The continued appeals and stays of execu
tion have posed questions concerning North
Carolina's capital punishment faws.
One question, which arises directly from the
latest appeal in the Barfield case, is that of
jurors' knowledge of the unanimity require
- The appeal argued that jurors should be
told that a less than unanimous recommenda
tion for the death penalty would result in a life
sentence. The North Carolina Supreme Court
has ruled that no such requirement exists.
According to. the appeal, 13 other states re
quire a unanimous jury vote for the death pen
alty before an execution may be ordered. Of
the states, only Louisiana courts have ruled
that jurors must be told of the unanimity re
quirement. . - .
Burr speculated that the Supreme Court
could have refused to consider the case be
cause the matter "may be such a clear viola
tion of the law that there are other courts that
may deal with it."
. . "
Another major question deals with the
length of time and the number of appeals
which can be made before an ordered execu
tion is carried out. .
"In general, we are not opposed to judicial
review," said John Elmore, special assistant
for the N.C. attorney general. "Of course
there are possible abuses and we will review it
(capital punishment) continually.
"Taking someone's life is fairly serious.
Quite naturally the process will taktf some
' time, but .. we want everything done riht,"
' he said, .j p i :
. - ! ' " I i !
Kenneth Brown, dean of the School of Law,
also 'believes appeals, are necessary in capital
"Thi remedy is so drastic, so irretrievable,
that you have to give the person every last pos
sible opportunity," he said.
'Once capital punishment is enforced, that's
it; you can't go back," Brown said. "The will
ingness of courts to rehear cases is perfectly